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Judge who deflated tire gets five days without pay


must serve suspension within 30 days


by Ruben Castaneda The Charles County judge who


deflated the tire of a maintenance worker’s car outside the La Plata courthouse last year has been suspended without pay for five days. The Court of Appeals, the


state’s highest court, set the pun- ishment for Circuit Court Judge Robert C. Nalley. The court agreed on the sanction Tuesday, and the order was signed Wednesday, said Nalley’s attor- ney, William C. Brennan. Brennan said Nalley, 66, would not comment on the suspension, which he must serve in the next 30 days. In April, Nalley testified in an administrative hearing in Annap- olis that his actions were “calcu- lated” but benign. In a hearing before the Maryland Commission on Judicial Disabilities, Nalley said the 2004 Toyota Corolla was parked without authorization in a restricted zone designated for him. The owner of the car, Jean


Washington, said she thinks the court was too lenient. “Five days’ suspension without


pay? I think that’s ridiculous, and very disappointing,” said Wash- ington, who works with a clean-


Charles jurist


ing crew at the courthouse. During the April hearing, Nal-


ley said he did not know who owned the car. “It was not thoughtless,” Nalley said. “It was calculated in the sense I didn’t want to make a big deal of it. I didn’t want [the car] to be towed. I didn’t want it to be ticketed.” Nalley also said at the hearing


that if he considered leaving a note, he rejected the idea. The majority of the appellate


court agreed with the punish- ment. Judge Joseph F. Murphy Jr. said he thought Nalley should have gotten a reprimand. The tampering was witnessed


by two Charles sheriff ’s deputies, one of whom recorded it with a cellphone camera. Within days of the incident,


Nalley, whose annual salary is $140,352, resigned as chief ad- ministrative judge in Charles. He was then suspended from presid- ing over criminal cases in adult and juvenile courts. He still pre- sides over civil cases. In October, Nalley pleaded


guilty in Charles District Court to tampering with a motor vehicle. The judge gave Nalley probation before judgment, which means Nalley will not have a conviction on his record if he completes the terms of his probation. Nalley was also fined $500 and ordered to write a “heartfelt” let- ter of apology to Washington. Nalley will resume presiding over criminal cases after the sus- pension.


castanedar@washpost.com LOCAL DIGEST VIRGINIA


Man indicted in fraudulent-law case


A man who specializes in rep- resenting families of children with special educational needs, but who had no law license for more than three years, has been indicted by an Arlington County grand jury on three counts of ob- taining money by false pretenses. Two other charges are pending against him. Parents said that Howard D.


Deiner, 54, told them he could handle their challenges to vari- ous school districts in Northern Virginia and could take their cases into the court system. But from January 2006 to April 2009, Deiner’s law license in the Dis- trict had lapsed, and he never had a license in Virginia. He con- tinued to take on clients and file cases. He frequently lost cases and failed to communicate with his clients, according to allega- tions in 74 charges filed against him by the D.C. Bar. Arlington police arrested Dein-


er in November and charged him with felony fraud and misde- meanor practice of law without a license. His trial on those charges is set for October. On Monday, an Arlington


grand jury handed up three more fraud charges against Deiner for incidents that occurred in 2007 and 2008.


— Tom Jackman


Mount Vernon settles on ADA compliance


The Department of Justice an- nounced a settlement Wednesday with the Mount Vernon Ladies’ Association, which owns and maintains the Mount Vernon es- tate, to bring the historic planta- tion home of George Washington into compliance with the Amer- icans with Disabilities Act. The association has agreed to provide alternative communica- tion materials to accommodate people who are deaf or hard of hearing or have vision problems and improve walkways for the disabled, among other things. Monday will mark the 20th an-


niversary of the passing of the Americans with Disabilities Act. — Phillip Lucas


THE DISTRICT


2nd man arrested in 2009 homicide


D.C. police arrested a second man in connection with the slay- ing of a 20-year-old Alexandria man in the Barry Farm neighbor- hood last fall. Aaron Andrews, 18, of South- east Washington was arrested Wednesday in Laurel and charged with first-degree murder while armed in the death of Reg- gie B. Cook.


Cook was shot Sept. 25 in the 1100 block of Eaton Road SE. Within a week of the homicide, police arrested a 16-year-old male and charged him with felony murder.


— Jenna Johnson


Free mini-camp offered in Rockville


D.C. residents who have chil- dren with special needs can en- roll them in a week-long camp — free of charge. Fitness for Health of Rockville has received a grant that allows it to host a mini-camp for children who have attention deficit hyper- activity disorder, pervasive devel- opmental disorder, Asperger dis- orders or sensory integration dis- orders. The camp will be held from 9 a.m. to noon Aug. 2-6 in the first- floor gym of Fitness for Health, 11140 Rockville Pike. Stipends are available for participants. Children must be 7 to 10 years old, be verbal and be able to par- ticipate in group settings. Fifteen spaces are available.


An open house will be held from 5 to 6 p.m. Sunday at Fit- ness for Health. To enroll, residents can visit the Fitness for Health Web site, download an application and e- mail it to Camp@ FitnessForHealth.org; fax the application to 301-231-5434; or mail it to 11140 Rockville Pike, Suite 303, Rockville, Md., 20852. — Staff reports


LOTTERIES July 21


DISTRICT Mid-Day Lucky Numbers:


Mid-Day D.C. 4: Mid-Day DC-5:


Lucky Numbers (Tue.): Lucky Numbers (Wed.): D.C. 4 (Tue.): D.C. 4 (Wed.): DC-5 (Tue.): DC-5 (Wed.): Daily 6 (Tue.): Daily 6 (Wed.):


MARYLAND Day/Pick-3:


Pick-4:


Night/Pick-3 (Tue.): Pick-3 (Wed.): Pick-4 (Tue.): Pick-4 (Wed.): Match 5 (Tue.): Match 5 (Wed.):


5-5-7 2-1-5-1


9-7-5-5-3 6-1-4 3-4-7


0-3-3-0 6-7-3-5


7-9-6-2-7 8-9-9-8-8


3-9-22-28-33-37 *18 2-9-24-26-34-39 *18


8-0-3


8-8-5-8 5-6-0 3-7-4


1-5-6-5 0-0-3-8


4-15-22-30-33 *2 16-21-30-35-36 *6


VIRGINIA Day/Pick-3:


Pick-4: Cash-5 (Wed.):


Night/Pick-3 (Tue.): Pick-3 (Wed.): Pick-4 (Tue.): Pick-4 (Wed.): Cash-5 (Tues.): Cash-5 (Wed.): Win for Life:


MULTI-STATE GAMES Mega Millions:


Powerball: Hot Lotto:


All winning lottery numbers are official only when validated at a lottery ticket location or a lottery claims office. Because of late drawings, some results do not appear in early editions. For late results, check www.washingtonpost.com/lottery.


*Bonus Ball Power Play: 5-4-0 5-7-5-2


6-20-22-31-32 6-5-8 N/A


5-3-6-2 N/A


1-13-31-32-34 N/A N/A


12-18-28-36-43 **19 N/A N/A N/A


**Mega Ball


D.C. board of education adopts national standards for schools by Nick Anderson


The D.C. State Board of Educa- tion on Wednesday adopted new national standards for English and math, joining Maryland and more than two dozen states in a groundbreaking effort to estab- lish common expectations for what students should learn every year from kindergarten through high school. The board’s vote of 6 to 1 will set in motion changes to testing, cur-


riculum and teacher training as Schools Chancellor Michelle A. Rhee and charter school operators seek to improve public-school per- formance.


Board member William Lock-


ridge opposed the measure, citing cost concerns. Member Laura Slover abstained, citing her work for an organization involved in standards advocacy. Member Se- kou Biddle was absent. Board member Dotti Love Wade said she backed the standards, be- cause they are “a beginning point


for us all to be on the same page in education.” Maryland adopted the stan- dards last month, but Virginia de- cided not to join the effort. The National Governors Asso-


ciation and Council of Chief State School Officers proposed what they call the “common core” stan- dards in June after experts spent months drafting, circulating and revising them. Adopting the stan- dards gives states and the District points in the Obama administra- tion’s $4.35 billion Race to the


Top competition for school re- form funds. Advocates say the standards are more rigorous than what, un- til now, has been the norm across the country. Some critics say the standards are not strong enough; others fear that adopting nation- al standards will erode local con- trol over schools. The standards have won for- mal or preliminary approval in 28 states — including this week New York and Massachusetts — and the District. Within a few months, 40 or more states could be on board with the movement. andersonn@washpost.com


THURSDAY, JULY 22, 2010 D.C. flap over dwindling election panel


Chairman resigning; mayor, council at odds on preserving quorum


by Tim Craig and Nikita Stewart


The sudden resignation of the chairman of the D.C. election board threatens to weaken over- sight of the Sept. 14 Democratic primary and has rekindled a pow- er struggle between the mayor and the D.C. Council over ap- pointments to boards and com- missions. Chairman Errol Arthur an- nounced this week that he is re- signing Aug. 2 to become a magis- trate judge in D.C. Superior Court. Because there is an existing va- cancy, the three-member Board of Elections and Ethics would lack the quorum needed to function until at least one new member is seated.


With Mayor Adrian M. Fenty facing council Chairman Vincent C. Gray in this year’s Democratic mayoral primary, the selection of board members is quickly becom- ing entangled in election year politics.


Administration officials said the mayor may have to make emergency interim appointments to the board if he and the council, which is on summer recess, are unable to agree on nominees. If that occurs, Fenty will have uni- laterally seated a majority of the board charged with overseeing an election in which he is a candi- date.


“I don’t think that is correct,”


Gray said. “To not have the legis- lative body involved in something of this enormity is highly ques- tionable.” Fearful that having a powerless board could make it difficult, if not impossible, to certify a win- ner or oversee a recount, council members are vowing to return from recess to deal with the va- cancies. In recent days, council members Mary M. Cheh (D-Ward 3) and David A. Catania (I-At Large) have reached out to the ad- ministration to head off a show- down. On Tuesday, Catania and Cheh


gave City Administrator Neil O. Albert a list of a dozen possible nominees whom the council would confirm. Cheh and Catania would not publicly release the names, but Catania said most of them are “retired judges, former


U.S. attorneys [or] former mem- bers of the Federal Election Com- mission.” “This was a genuine effort to reach out from one institution to another to try to resolve what could be a tricky situation,” Cata- nia said. “We provided . . . a list of names that wouldn’t be contro- versial.” But Fenty, who has clashed with the council over appoint- ments, said Wednesday night he was not sure whether he would accept the names that Catania and Cheh gave him. “We already had names we were considering,” Fenty said earlier in the day. The board has been function- ing with two members since Feb- ruary 2009 because the council and the mayor have not agreed on a replacement for Lenora Cole, the board’s former minority party member, who resigned after the 2008 elections. In November 2009, Fenty nom-


inated Republican Mital Gandhi, a member of the D.C. Alcoholic Beverage Control Board, to fill the vacancy. But the council tabled the nomination last month after council member Harry Thomas Jr. (D-Ward 5) raised questions about Gandhi’s experience. Gandhi and leaders of the D.C.


Republican Committee have ex- pressed alarm that they were not consulted before Catania and Cheh submitted recommenda- tions to Fenty, and they are push- ing to have the council reconsider Gandhi’s nomination. Albert sent Catania a letter


Wednesday stating that D.C. At- torney General Peter Nickles has “opined that in emergency cir- cumstances,” the mayor “has the authority to make interim ap- pointments to boards and com- missions.” Cheh questioned the accuracy of the administration’s interpre- tation, but she said she hopes to avoid controversy. “If we work to- gether on this, there will be no emergency,” said Cheh, chairman of the council committee that oversees elections. Meanwhile, Fenty said Wednes-


day that he is considering vetoing council legislation that would make it a crime to pay someone to vote or to register to vote. The measure was approved after alle- gations of vote-buying at a recent mayoral straw poll. Fenty said it is ill-advised for


elected officials to change the law so close to an election. craigt@washpost.com stewartn@washpost.com


Worker dies in fall at hotel in Arlington


Man was installing balcony railing on seventh floor


by Rick Rojas


A construction worker fell sev- en stories to his death Wednesday morning at a hotel in Arlington County, police said. The 35-year-old man was in- stalling a balcony railing in a room at the Arlington Court Suites when he fell five stories and crashed through a two-story glass atrium at the front of the building. The man, whose name was not re- leased, died at the scene. Co-workers told WUSA (Chan- nel 9) that the man was not tied into a harness while he installed the railing. Arlington police and the Vir- ginia Department of Labor and Industry were investigating the death as an industrial accident. The man worked for Hallmark


Iron Works, a Newington, Va.- based producer of metal railings and stairways, and he had been an employee for “quite a few years,” said Cherie Faith, the com- pany’s human resources director. Faith was emotional in describ- ing what a “tremendous loss” the man’s death is for the relatively small, close-knit company. She did not release his name or any other information in deference to his family.


GERALD MARTINEAU FOR THE WASHINGTON POST Co-workers say a man who fell to his death at the Arlington Court Suites hotel wasn’t wearing a harness.


Because it was a labor-related incident, the Virginia Depart- ment of Labor and Industry start- ed an investigation Wednesday, said Paul Schilinksi, director of the agency’s Northern Virginia re- gional office.


rojasr@washpost.com Montgomery agency to go dark for a week to save money, jobs


by Miranda S. Spivack First, it was a plan to get rid of


portable toilets in Montgomery County parks, since abandoned for the summer. Then, the county parks agency announced that on Aug. 1, it will charge dog owners $40 a year for one dog and $5 for each addition- al dog to use the county’s dog parks, complete with tickets from park police for violators. Now the county’s planning


agency has announced that it will shut down during the first week of August, at an estimated sav- ings of $500,000. The planning budget is $15.9million for the year, down from $18.5million last year. “This has been a very difficult year for everyone, and, of course, we were not immune to that,” said Marye Wells-Harley, vice chairman of the county Planning Board, which oversees parks and planning. The new chairman, Françoise Carrier, was not yet on


the board when the decision to shut down the agency was made in a closed session June 3; she took over in late June from Royce Hanson, whose four-year term had ended. The shutdown is also expected


to save about five jobs, Wells- Harley said. “We would have preferred not


to have taken any of these meas- ures if we could have avoided it,” she said.


The planning department will shut down Aug. 2-6 and again the


week between Christmas and New Year’s, traditionally slow pe- riods at the agency, Wells-Harley said. The parks department, meanwhile, will undergo periodic furloughs to trim payroll, be- cause the county’s parks are open seven days a week. The planning agency has in- duced 11 staff members to take re- tirement buyouts, and it has laid off 15 staff members and elimi- nated another 15 positions, said spokeswoman Valerie Berton. spivackm@washpost.com


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